(d) It is a defense to prosecution under Subsection (a)(5) that the actor possessed a firearm or club while traveling to or from the actor's place of assignment or in the actual discharge of duties as: (1) a member of the armed forces or national guard; (2) a guard employed by a penal institution; or. January 1, 2016. 976 (H.B. Most UCW cases involve handguns, particularly those that intersect Sept. 1, 1997; Acts 1997, 75th Leg., ch. 4B.22, eff. 3142), Sec. 3, eff. 1.01, eff. In addition, Texas law contains the following exemptions: Under Section 46.15(b)(6), the Unlawful Carrying Weapons offense does not apply to holders of a CHL, whether the weapon was concealed or, under the new Open Carry law passed in 2017, carried openly in a shoulder or belt holster (the words shoulder or belt were deleted in the 87th Legislature). The term does not include a traffic control device that: (A) is designed to puncture one or more of a vehicle's tires when driven over in a specific direction; and. September 1, 2017. 1261, Sec. Jan. 1, 1974. 910, 84th Texas Legislature, Section 45, effective January 1, 2016^13. 2.60, eff. [4] The law in effect for offenses occurring on or after September 1, 2017, but before September 1, 2019, is below (language removed from the 2015 version of the law is indicated in strikethrough): (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club; and. September 1, 2007. 446, 86th Texas Legislature, Section 1, effective September 1, 2019^4. In this subsection, recreational vehicle means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. 1199 (H.B. 12/31/2022 146029 sheikh, hamzah mohammad 19926 rhodes rd spring tx 77379 texas dept of public safety sh 249/ fm 149 instanter ccl5 unl carrying weapon 500 instanter ccl5 (pom) poss marij < 2oz 500 12/31/2022 72119 SMITH, TRISTAN NICHOLE 163 CROCKETT MARTIN N CONROE TX 77303 TEXAS DEPT OF PUBLIC SAFETY Southlake, Texas Linda Baker, Crime Reporter . 913), Sec. 2664), Sec. 167, Sec. 1819), Sec. 3.20, eff. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 16, eff. 1221, Sec. Sept. 1, 1994. September 1, 2021. 320, Sec. 2300), Sec. Paul Saputo Receives Silver Client Champion Award from Martindale-Hubbell, 87th Legislative Session: Texas Criminal Law Update, Section 46.15(d) exempts a public security officer employed by the adjutant general from prohibitions on the carrying of a firearm, Section 46.15(e) exempts the carrying of a bowie knife or sword in a historical demonstration or in a ceremony (and beginning September 1, 2017, pursuant to H.B. Sec. 69 (S.B. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the person's control; or. Subsection (a-1) of the UCW law covers possessing a handgun in a vehicle in plain view.. 3, eff. H.B. 2, eff. Section 922(b)(3)(A). (c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 1049 (H.B. (ii) not wearing the uniform of a security officer and carrying the officer's weapon in a concealed manner; (A) a license issued under Subchapter H, Chapter 411, Government Code, to carry a handgun; and, (7) holds an alcoholic beverage permit or license or is an employee of a holder of an alcoholic beverage permit or license if the person is supervising the operation of the permitted or licensed premises; or. Jan. 1, 1974. 1969), Sec. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly carries on or about his or her person a handgun; September 1, 2017. ai thinker esp32 cam datasheet 578), Sec. 10.02, eff. The State of Texas vs. FLORES-DIXIT, BRAYAN ANTONIO: 2/27/2023 46, eff. 1, eff. 46.12. His bond was set at $2,000. UNLAWFUL POSSESSION OF FIREARM. Sept. 1, 1995; Acts 1995, 74th Leg., ch. (C) under the direct supervision of a parent or legal guardian of the person. 446), Sec. 900, Sec. September 1, 2017. 1, eff. 3 (H.B. 1026 (H.B. (B) inside of or directly en route to a motor vehicle or watercraft: (i) that is owned by the person or under the persons control; or (ii) with the consent of the owner or operator of the vehicle or watercraft. Subsections (a-2) and (a-3) only contain definitions of premises recreational vehicle and watercraft.. H.B. 2, eff. (2) a felony of the third degree, if the actor was prohibited from possessing a firearm under Section 46.04(b) or (c). 852, Sec. (a-3)For purposes of this section, watercraft means any boat, motorboat, vessel, or personal watercraft, other than a seaplane Sec. 1889), Sec. Acts 2021, 87th Leg., R.S., Ch. 1281 (H.B. 10, eff. September 1, 2019. (g) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to an animal control officer who holds a certificate issued under Section 829.006, Health and Safety Code, and who possesses or carries an instrument used specifically for deterring the bite of an animal while the officer is in the performance of official duties under the Health and Safety Code or is traveling to or from a place of duty. Amended by Acts 1995, 74th Leg., ch. 12, eff. (a-6) A person commits an offense if the person: (1) carries a handgun while the person is intoxicated; and, (A) on the persons own property or property under the persons control or on private property with the consent of the owner of the property; or. (A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating; (B) prohibited by law from possessing a firearm; or. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 2, eff. September 1, 2015. Sept. 1, 1995; Acts 1995, 74th Leg., ch. You may be able to get your UCW case dismissed. 2730), Sec. alcoholic beverages. 1001 (H.B. 2/23/2023 32571 JAMES, WILLIAM THOMAS HOMELESS CONROE 46.05 and amended by Acts 1993, 73rd Leg., ch. 23.001(78), eff. 167, Sec. 2, eff. 1, eff. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. Prior Results Do Not Guarantee a Similar Outcome. 1, eff. Acts 2005, 79th Leg., Ch. April 15, 1975; Acts 1975, 64th Leg., p. 918, ch. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 46.09. 11, eff. (18) "Volunteer emergency services personnel" includes a volunteer firefighter, an emergency medical services volunteer as defined by Section 773.003, Health and Safety Code, and any individual who, as a volunteer, provides services for the benefit of the general public during emergency situations. 1261, Sec. 1, eff. Sept. 1, 2003. (A) on the persons own premises or premises under the persons control; (B) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the persons control; or. 46.06. 399, Sec. Booking Date: 2/27/2023. (h) The provisions of Section 46.03 prohibiting the possession or carrying of a club do not apply to a code enforcement officer who: (1) holds a certificate of registration issued under Chapter 1952, Occupations Code; and. Arrest and booking photos are provided by law enforcement officials. 437 (H.B. Sec. FIREARM SMUGGLING. 1, eff. 437 (H.B. (a) Sections 46.02 and 46.03 do not apply to: (1) peace officers or special investigators under Article 2.122, Code of Criminal Procedure, and neither section prohibits a peace officer or special investigator from carrying a weapon in this state, including in an establishment in this state serving the public, regardless of whether the peace officer or special investigator is engaged in the actual discharge of the officer's or investigator's duties while carrying the weapon; (2) parole officers, and neither section prohibits an officer from carrying a weapon in this state if the officer is: (A) engaged in the actual discharge of the officer's duties while carrying the weapon; and. (b) It is a defense to prosecution under Subsections (a)(1)-(4) that the actor possessed a firearm while in the actual discharge of his official duties as a member of the armed forces or national guard or a guard employed by a penal institution, or an officer of the court. Sec. Texas Code of Criminal Procedure Chapter 42A^16. (i) Repealed by Acts 2007, 80th Leg., R.S., Ch. 46.04 and amended by Acts 1993, 73rd Leg., ch. September 1, 2017. 910), Sec. (a) A person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years of age any firearm, club, or location-restricted knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or. 1, eff. September 1, 2021. 873, Sec. June 20, 1997; Acts 1997, 75th Leg., ch. 1, eff. 1143 (H.B. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters. (c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages. 153 (S.B. 1060, Sec. (a-1) A person who is a member of a criminal street gang, as defined by Section 71.01, commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft. 1222 (H.B. Acts 2005, 79th Leg., Ch. September 1, 2007. Acts 2017, 85th Leg., R.S., Ch. (a)A person commits an offense if the person: (1)intentionally, knowingly, or recklessly carries on or about his or her person September 1, 2021. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. September 1, 2009. 686), Sec. Acts 2021, 87th Leg., R.S., Ch. WebRoybal, 82 Wn.2d 577, 512 P.2d 718 (1973), convictions under this statute and under a city ordinance prohibiting the carrying of a concealed pistol were sustained against the claim of double jeopardy. (2) possesses or carries an instrument used specifically for deterring an animal bite while the officer is: (B) traveling to or from a place of duty. 342, Sec. 3167), Sec. Renumbered from Penal Code Sec. (e) Except as otherwise provided by this subsection, an offense under this section is a felony of the third degree. 1146 (H.B. 17, eff. 399, Sec. Text of subsection as added by Acts 2021, 87th Leg., R.S., Ch. [15] However, Sec. 8. 437 (H.B. 273), Sec. Sept. 1, 1995; Acts 1995, 74th Leg., ch. Sept. 1, 1997. UNLAWFUL CARRYING OF HANDGUN BY LICENSE HOLDER. 2110), Sec. Acts 1973, 63rd Leg., p. 883, ch. Acts 2015, 84th Leg., R.S., Ch. 1927), Sec. (3) promptly departed from the premises or other property. 26, eff. 852, Sec. 1935, this exemption will be extended to all location-restricted knives), Section 46.15(j) exempts people who carry a handgun in a historical reenactment performed in accordance with the rules of the Texas Alcoholic Beverage Commission, Consistently recognized by Super Lawyers, Consistently recognized by D Magazine in Best Lawyers for Criminal Defense. Acts 2021, 87th Leg., R.S., Ch. Acts 2021, 87th Leg., R.S., Ch. 814 (H.B. 749, Sec. (b) It is an affirmative defense to prosecution under this section that at the time of the offense the actor was engaged in conduct authorized by an employee of the penal institution. (3) a security officer commissioned by the Texas Private Security Board if: (A) the actor is wearing a distinctive uniform; and, (B) the firearm or club is in plain view; or. 1920), Sec. Acts 2021, 87th Leg., R.S., Ch. September 1, 2017. (b) A person who has been convicted of a felony commits an offense if after the conviction the person possesses metal or body armor. 809 (H.B. (f) Section 46.03(a)(6) does not apply to a person who possesses a firearm or club while in the actual discharge of official duties as: (1) a member of the armed forces or state military forces, as defined by Section 437.001, Government Code; or. Acts 2019, 86th Leg., R.S., Ch. 910), Sec. (l) Sections 46.02 and 46.03(a)(1), (a)(2), (a)(3), and (a)(4) do not apply to a person who carries a handgun if: (1) the person carries the handgun on the premises, as defined by the statute providing the applicable offense, of a location operating as an emergency shelter during a state of disaster declared under Section 418.014, Government Code, or a local state of disaster declared under Section 418.108, Government Code; (2) the owner, controller, or operator of the premises or a person acting with the apparent authority of the owner, controller, or operator, authorized the carrying of the handgun; (3) the person carrying the handgun complies with any rules and regulations of the owner, controller, or operator of the premises that govern the carrying of a handgun on the premises; and. (B) has a clearly visible sign posted in close proximity to the traffic control device that prohibits entry or warns motor vehicle operators of the traffic control device. 91 (S.B. He was 26 years old Added by Acts 1995, 74th Leg., ch. 518 (S.B. 535), Sec. The legislature also changed subsection (a-1) by providing that the plain view rule that prohibits carrying a handgun in plain view in a motor vehicle only applies to people who are under 21 years old, unless the 21-year-old has a license, so long as the handgun is in a holster. (a) In this section, "metal or body armor" means any body covering manifestly designed, made, or adapted for the purpose of protecting a person against gunfire. 13, eff. 687 (H.B. 2018), Sec. Sec. 26(9), eff. 42, eff. (e) An offense under Subsection (a-7) is: (1) a felony of the second degree with a minimum term of imprisonment of five years, if the actor was prohibited from possessing a firearm under Section 46.04(a); or. 1, eff. September 1, 2007. (C) under the direct supervision of a parent or legal guardian of the person. UCW charges are eligible to be deferred under Article 42A.102 of the Texas Code of Criminal Procedure. H.B. (b) Section 46.02 does not apply to a person who: (1) is in the actual discharge of official duties as a member of the armed forces or state military forces as defined by Section 437.001, Government Code, or as a guard employed by a penal institution; (3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actors residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity; (4) holds a security officer commission issued by the Texas Private Security Board, if the person is engaged in the performance of the persons duties as an officer commissioned under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment and is wearing the officers uniform and carrying the officers weapon in plain view; (5) acts as a personal protection officer and carries the persons security officer commission and personal protection officer authorization, if the person: (A) is engaged in the performance of the persons duties as a personal protection officer under Chapter 1702, Occupations Code, or is traveling to or from the persons place of assignment; and, (i) wearing the uniform of a security officer, including any uniform or apparel described by Section 1702.323(d), Occupations Code, and carrying the officers weapon in plain view; or. 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